Sound Trademark in India

In India, a sound can be patented as a series of musical notes with or without words. Sound trademarks are widely popular in the United States, and knowledge of them is rapidly growing in India. In this post, we’ll go over the fundamentals of sound trademarks in India, as well as some examples of well-known sound trademarks from throughout the world.

Sound Trademark in India

Sound Trademark or Sound Mark

In India, a sound that is graphically represented by a succession of musical notes with or without words can be protected under the Trademark Act. If a sound is or has become a distinctive symbol connected with one undertaking, it will be granted trademark registration under the Trademark Act. As a result, in order for a sound trademark to be registered, the average consumer must perceive the sound as being linked with a specific service or product.Sound Trademark in India

Sound Trade Mark Registration

The law does not expressly prohibit the registration of “sound brands.” Sound markings, on the other hand, are extremely uncommon to register. 

  • All sound mark trademark applications must clearly declare that they are sound marks. Otherwise, the application will be treated as a word and/or device mark (for example, in the case of musical notation); sound must be represented graphically by a musical stave divided into measures and showing, in particular, a clef, musical notes and rests, indicating relative value, as well as sharps, flats, and naturals (accidentals).
  • The registration of a sound mark, like that of words or other forms of trademarks, is contingent on whether the sound is or has become unique.

As a result, the applicant must show that the sound will be interpreted by the average customer as signaling that the goods or services are wholly related to the applicant’s business.

The following sounds may not be recognized for trademark registration since they are incapable of differentiating one person’s goods or services from those of others:

  • Simple musical works consisting of simply one or two notes;
  • Songs that are frequently used as chimes;
  • In terms of entertainment and park services, well-known popular music;
  • Children’s nursery rhymes for children’s products or services;
  • For the type of goods/services coming from or given in that location, music is strongly identified with specific regions or countries.